Fresh Hicks charges drafted

David Hicks' US military prosecutors have drafted fresh charges
against the Australian terrorism suspect.

Colonel Moe Davis, chief prosecutor for the US Office of
Military Commissions told theage.com.au his team had submitted
charges of attempted murder and material support for terrorism
against Hicks under the Military Commissions Act of 2006.

The draft charges must now be considered by the military
commission's Convening Authority, who will determine whether there
is enough evidence to support formal charges against Hicks.

If so, he will be committed to stand trial on the formal
charges. Both charges - attempted murder and material support for
terrorism - carry a maximum penalty of life imprisonment.

However, Colonel Davis told theage.com.au that his team would
not press for life imprisonment for Hicks, who is one of the first
three Guantanamo detainees to have been issued with fresh drafted
charges, and who has been held by US Forces at Guantanamo Bay in
Cuba for more than five years.

He said that a panel of US military officers, who will act as a
jury, would ultimately determine a sentence if Hicks was charged
and found guilty.

"To be perfectly honest we don't intend to argue for a life
sentence," Colonel Davis told theage.com.au this morning.

In 2004, Hicks pleaded not guilty to charges of aiding the
enemy, attempted murder and conspiracy to commit war crimes before
President George W. Bush's original military commissions.

But last year the US Supreme Court ruled that the original
military commission process was unlawful and unfair and the charges
were dropped.

The fact that US military prosecutors have maintained the charge
of attempted murder against Hicks will be controversial, as Colonel
Davis has admitted there is no evidence that Hicks ever hurt or
injured US or coalition forces in Afghanistan, or that he even
pulled a trigger.

Colonel Davis today told theage.com.au that the charge was
appropriate. "(Attempted murder) is essentially the same charge
that was levied under the old process," Colonel Davis said.

"Our theory is that (Hicks) has attended a number of terrorism
training courses where he has perfected his skills in killing.

"After 9/11 he made a conscious choice to go back to Afghanistan
because of his belief that after 9/11 the USA would retaliate.

"He reported into senior al-Qaeda leaders, was issued a rifle
and grenades and positioned himself where he thought US and allied
forces would be present.

"When nothing happened there he repositioned to another site
where he thought there was more activity.

"We believe the evidence will show that he did everything
humanely possible to engage against US forces and to kill US forces
and it was lack of opportunity that kept him from achieving his
objective."

Colonel Davis said the conspiracy charges would no longer be
levied against Hicks as material support for terrorism better fit
Hicks' alleged activities in Afghanistan in 2001.

He said the prosecution could no longer argue Hicks had aided
the enemy as that charge had since been deemed only to apply to US
citizens. Colonel Davis said Hicks" military defence lawyer, Major
Michael Mori, had been provided with a copy of the draft charges
and that Hicks would be verbally informed by Guantanamo officials
imminently.

He said he did not know how long it would take for the Convening
Authority to consider the draft charges of attempted murder and
material support for terrorism.

While the Pentagon has announced that US Military Appeals Court
chief judge Susan J. Crawford will be appointed the Convening
Authority, a spokesman told theage.com.au today that she had not
yet been officially appointed to the position or begun her
duties.

Once formal charges are laid against Guantanamo detainees,
pre-trial hearings must begin within 30 days under the rules of the
new military commissions released last month.

The two other Guantanamo Bay detainees to have had fresh charges
drafted against them by prosecutors today (Friday, USA time) are
Canadian citizen Omar Khadr and Armenian citizen Salim Hamden.

Khadr's draft charges are murder in violation of the law of war,
attempted murder, conspiracy, providing material support for
terrorism and spying. Hamden's draft charges are conspiracy and
providing material support for terrorism. Colonel Davis has said he
expects about 75 Guantanamo Bay detainees to face trial under the
new military commissions.

Hicks' lawyer finds charges 'disturbing'

In a statement released this morning Hicks' defence lawyer,
Michael Mori said he had been notified that the Prosecution had
sworn their allegations against David Hicks.

"It is not understood why the prosecution waited until the day
after David's lawyers left Guantanamo Bay to give David notice of
the charges," he said.

"It is my understanding that the Convening Authority, who must
decide if any charges go before a military commission, is not yet
in that position. No military commission can proceed without
the Convening Authority's decision."

Mori said that the prosecutions' allegations against David are
material support for terrorism and attempted murder, which permit
life imprisonment. The old charges of conspiracy and aiding
the enemy have disappeared from the prosecutions' allegations.

"The old charge of attempted murder has reappeared even after
the Chief Prosecutor has admitted to the ABC that there is no
evidence that David shot at anyone in Afghanistan," he
said.

"The charge of material support is not part of the law of war
and does not appear in any US or Australian military manual as a
law of war offense.

"What is most disturbing is that while Australian ministers have
consistently said that creating a new law and applying it
retrospectively to David Hicks is inappropriate, the same ministers
are encouraging the US administration to apply a new law created
less than four months ago retrospectively to David Hicks.

"This is something the United States will not do to
Americans."

Howard welcomes fresh charges

The Australian government has welcomed US moves to lay fresh
charges against Guantanamo Bay inmate David Hicks, but is anxious
to ensure his case is dealt with quickly and fairly.

Attorney-General Philip Ruddock and Foreign Minister Alexander
Downer released a joint statement today saying the announcement was
timely and met Prime Minister John Howard's call for Hicks to be
charged by mid-February.

"However, the Government remains anxious to ensure that his case
is dealt with expeditiously and fairly, and will continue to press
the United States," the ministers said.

The ministers said the charges must now be approved by the
convening authority of the military commissions before being
officially served on Hicks - that process was expected to take two
weeks.

Mr Ruddock and Mr Downer said the government would continue to
support Hicks, even though the charges were serious.

"The Government will continue to provide consular assistance to
Mr Hicks, as well as funding for the legal consultants who are
assisting his defence."